Patna High CourtCWJC/1433/2019disposed

Punam Devi v. The State Of Bihar And ORS.

2019-01-25Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1433 of 2019 ====================================================== Punam Devi, W/O Rajaram Saw Resident of Village-Naya Tola, Makuna, Lakhisarai, Police Station and District-Lakhisarai ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department, of Social Welfare, Government of Bihar, Patna

2. The District Magistrate Lakhisarai

3. The District Programme, Officer, (Estab.) Lakhisarai

4. The Child Development Project, Officer Lakhisarai

5. Jyoti Kumari, W/O Binod Kumar Resident of Village-Naya Tola, Makuna, Ward No.-14/29, Lakhisarai, P.S. and District-Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr.Amrendra Kumar, Advocate.

For the Respondents : Mr. Gyan Prakash Ojha (Ga7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 25-01-2019 Heard learned counsel for the petitioner and the State.

2. The petitioner was appointed as Aanganwari Sewika at Naya Tola, Makuna. However, her appointment/engagement was challenged by respondent no. 5 who had approached this Court challenging the appointment of the petitioner as an Aanganwari Sewika. A bench of this Court, it appears had directed the respondent no. 5 to approach the District Programme Officer of the concerned district for the needful. It further appears that the District Programme Officer, Lakhisarai set aside the appointment of the petitioner and in her place recommended for appointment of respondent no. 5.

3. Learned counsel for the petitioner submits that the order passed by the District Programme Officer,

Patna High Court CWJC No.1433 of 2019 dt.25-01-2019 2/2 Lakhisarai was absolutely incorrect and not based on the correct set of facts. A grievance has also been raised by the petitioner that respondent no. 5, in collusion with the officials at the lower level manipulated the mapping document and projected false claim for her appointment on the post of Aanganwari Sewika.

4. The petitioner has represented before the District Magistrate, Lakhisarai against the order passed by the District Programme Officer, Lakhisarai.

5. The aforesaid representation has not yet been heard or disposed of.

6. Under such circumstances, this Court directs the petitioner to make a fresh representation before the District Magistrate, Lakhisarai (respondent no. 2) within a period of four weeks which shall be disposed of by a speaking order by the District Magistrate, Lakhisarai within a period of six weeks thereafter.

7. With the aforesaid direction/observation the writ petition is disposed off.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.01.2019 Transmission Date